A mistrial has been declared in the highly publicized case of Arizona rancher George Alan Kelly, who was accused of second-degree murder in connection to the death of a Mexican national on his ranch. The jury, composed of members from the community, deliberated for days but ultimately could not reach a verdict. The case has sparked controversy and divided public opinion, with some arguing that Kelly acted in self-defense while others believe he used excessive force.
The incident took place in January 2023, when Mexican national Gabriel Cuen-Buitimea was found fatally shot on Kelly’s 170-acre cattle ranch near Keno Springs outside Nogales, Arizona. The prosecution argued that Cuen-Buitimea was an unarmed migrant, while the defense claimed that he may have been involved in criminal activities and was possibly part of a rip crew, known for robbing and assaulting migrants.
During the trial, witnesses testified about the position and distance of Kelly when the fatal shot was fired, as well as the potential motives for the gunshots. The defense maintained that Kelly only fired warning shots into the air from his patio earlier in the day, and his wife testified about contacting their Border Patrol ranch liaison upon spotting armed men on their property.
#BREAKING George Alan Kelly’s co-counsel Kathy Lowthorp walks out of court after judge declares mistrial—She says it was 7 to 1 for a not guilty verdict—One juror thought he was guilty of 2nd degree murder (or lesser charges to include negligent homicide and manslaughter).
The… pic.twitter.com/LRJBczMowp
— Ali Bradley (@AliBradleyTV) April 23, 2024
Throughout the trial, the defense also raised concerns about the influence of cartels in the area and questioned the credibility of the prosecution’s key witness, Daniel Ramirez. Prosecutors argued that Ramirez was the sole witness to Cuen-Buitimea’s shooting death and fled across the border afterward. However, the defense argued that Ramirez’s own testimony suggested he was not present at the time of the shooting.
The defense also accused Santa Cruz County Sheriff David Hathaway of violating U.S. State Department protocol and Mexican law by arranging an unauthorized meeting to interview Ramirez in Nogales, Mexico, weeks after the shooting. The defense claimed that Hathaway’s actions may have compromised the investigation.
🚨#BREAKING: An Arizona Superior Court Judge Thomas Fink has declared a mistrial in the case of the 75-year-old George Alan Kelly, an Arizona rancher who was charged with second-degree murder for fatally shooting an illegal alien on his property in 2023. pic.twitter.com/289yoYzph7
— R A W S A L E R T S (@rawsalerts) April 23, 2024
The prosecution’s closing arguments emphasized that there was “no justification” for Kelly to use deadly force against two unarmed men walking on his property. However, the defense argued that Kelly was facing a threat to his life and had the right to defend himself and his home.
The jury was given three options for a verdict: second-degree murder, manslaughter, or aggravated assault. After days of deliberation, they were unable to reach a unanimous decision. As a result, the judge declared a mistrial.
BREAKING: Arizona judge declares mistrial in the case of a 75 year-old rancher, George Alan Kelly accused of fatally shooting a migrant.
The Santa Cruz County Attorney’s Office can still decide whether to retry Kelly for any charge, or drop the case all together.
He better not… pic.twitter.com/FrGcmS4yku
— I Meme Therefore I Am 🇺🇸 (@ImMeme0) April 23, 2024
The case has garnered national attention and sparked debates about border security, self-defense, and the rights of landowners. Kelly’s attorneys have expressed their disappointment in the mistrial and plan to continue fighting the charges. The prosecution has not yet announced if they will pursue a retrial.
Meanwhile, the family of Cuen-Buitimea is still grieving their loved one’s death and seeking justice. The community of Nogales, Arizona remains divided on the outcome of the case and its implications for border issues. As the case progresses, the questions surrounding the death of Gabriel Cuen-Buitimea and the actions of George Alan Kelly will continue to be debated.
